Youth's appeal clears way for thousands to sue police

The court of appeal opened the way yesterday for thousands of suspects to claim damages for false imprisonment if they were kept waiting in a police station pending a Crown Prosecution Service decision on what offence to charge them with.

The court, headed by Sir Igor Judge, president of the high court Queen's bench division, ruled that police unlawfully detained a 16-year-old persistent offender for three hours at Chapeltown police station in Leeds while the CPS made up its mind.

Guidance from the Director of Public Prosecutions allowed the detention but this was in conflict with the Criminal Justice Act 2003, which said that once police decided there was enough evidence he had to be either charged at once or released on bail. The teenager, named in court only as G, was arrested as one of a group of youths who attacked a passenger on a bus. Police had good identification evidence, so he should have been either charged immediately or bailed and brought back to be charged later, the judges ruled.

Charging decisions used to be the responsibility of the police but from January 29 2004 the CPS was given the task of deciding charges in all but trivial cases.

After G launched his case in 2006, the law was changed from January 14 2007 to make it lawful to detain suspects while charges are decided. But yesterday's judgment opens the way for anyone detained while awaiting a CPS decision in the three years between 29 January 2004 and 14 January 2007 to bring a claim for false imprisonment against the police.

G's solicitor, Simon Purchas, said there were "many thousands" in England and Wales who would have been detained like his client during the three years.

He said was negotiating with police for compensation for G and estimated that each claim would be worth around £500 to £1,000. G later pleaded guilty to common assault and was sentenced to a 12-month supervision order with a curfew.